Jump to content


  • Tweets

  • Posts

    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

1st credit and first direct


becky75
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6000 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

some 7 years ago, i had a loan with first direct.

 

the loan wasn't paid as moved home, no money the usual and then pow!!! a year ago, 1st credit had obviously traced me on thier behalf and started to demand money.

 

i'm on a debt managemant plan and they were one of the first to accept regular payments from me, but just recently they've been sending out the letters - first they were going to make me bankrupt then now they notice i've got a mortgage and will put some sort of order against my home !! how kind! even though i've been paying them reqularly through my debt company.

 

is it all just 'hot air' as i keep being advised - can these people really keep threatening to do this to me ?

Link to post
Share on other sites

  • Replies 52
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

is it all just 'hot air' as i keep being advised

Yes. In order to get a charging order the need first to get a CCJ. You can head them off at the pass by sending the CCA request. If they can't produce the copy of the agreement or if it doesn't comply with the Act they can't make a CCJ stick. If they can't make the CCJ stick they will never get a charging order on your home.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

thank u all!!!

 

have found a cca letter and will send one out to these lovely people!!!!!!!

 

cant believe how much they get away with !!!

 

just wish the people that do my dent management thought to do the same!! could be saving me money!!!!!!!!!

Link to post
Share on other sites

Becky,

Are you paying for your debt management plan? Or are you with a charity like CCCS?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

unfortunatley the plan came with a cost - purely because was totally panicking at the time! got 2 small kids and didn't want them to end up with nothing!

 

which i thought people like these debt chasers had the power to do what they liked basically!

 

i'm also chasing up my bank charges now because been spending last few years robbing peter to pay paul and getting charges from everyone left right and centre! - been bit daft i'm sorry to admit. now i'm in this plan paying off thousands.

 

now its their turn for me to get tough with them!!!!!!!

Link to post
Share on other sites

Guest Fallenangel
I doubt wether they have a CCA or any written agreements.

 

1st Direct have informed me that anything over six years old they destroy.

 

Which means that 1st Credit won't have anything either!

 

Is that true??....

 

I have an old loan from first direct , from 1998 that I defaulted on in 1998, and now the lovely MCS have the account and, although I am paying every month they still send letters like " get in touch within the next 48 hours or it will be too late to avoid action" etc.....

 

Its for about 4K and am now thinking it would be a good idea to CCa them too....would they have doccuments from 1998???

Link to post
Share on other sites

Is that true??....

 

I have an old loan from first direct , from 1998 that I defaulted on in 1998, and now the lovely MCS have the account and, although I am paying every month they still send letters like " get in touch within the next 48 hours or it will be too late to avoid action" etc.....

 

Its for about 4K and am now thinking it would be a good idea to CCa them too....would they have doccuments from 1998???

 

Oh it's true. I have the letter in a secure location just in case they come back hunting again!

 

It's worth a CCA request and maybe even a SAR. 1st Direct didn't even cash my cheque for the SAR.

 

It's worth sending a letter and £1-00 for the CCA.

Link to post
Share on other sites

Guest Fallenangel

Ok thanks for that I will send one. GOD I WISH I had found this site YEARS ago.....the family and I have suffered for neigh on ten years with debt, butit looks like things are gunna change!!!

Link to post
Share on other sites

Fallen try and relax a little you are amongst some fantastic people here...I have the same attitude as you, I wished I'd have found this site ages ago....please do read through these forums as you get time you will certainly get to know more and more.....

Link to post
Share on other sites

Guest Fallenangel
Fallen try and relax a little you are amongst some fantastic people here...I have the same attitude as you, I wished I'd have found this site ages ago....please do read through these forums as you get time you will certainly get to know more and more.....

 

Am trying to relax, honest!!!:p

 

First credit have already taken me to court (2003/04) so I know what they are like..... and got a forthwith judgement against me for £3K. I had NO IDEA at that time what I was dealing with and paniced and paid it off.....it cleared me out completely but they had harrassed and scared me THAT much that I dint know what else to do!.....if ONLY!!........

Link to post
Share on other sites

Fallenangel,

Could you please start your own thread on this. That way you'll get more help and it is fairer to the OP.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Guest Fallenangel

Hi rory32, no problems, will start new tread with results of cca request .....if there is any!......good luck to becky75 hope you get it sorted!!

Link to post
Share on other sites

so today i had a litigation letter from 1st credit.

 

they're going to proceed against me unless i arrange a monthly instalment plan (i've been paying them since last year every month) or have a substantial reduction and pay a lump sum to them - love to !

 

so i call up the people that are meant to help and they say post the letter in - i ask what they've done since the last letter i had from them and they said - nothing just wait until they start to do something legal! - gee thanks let it get worse then act eh!

 

so i ask - cant i get a cca ? and she says yes they have to respond in a month!!! what !! thought 12 days??? and you have to send the request to the person that you had the debt with originally !! so do i ask first direct for the copy or first credit who they have now sold the debt to ?

 

she said let us know how you get on - if they wont give copy you still have to pay but they cant put charge on the house!! ............. but then she wasnt sure if it got quashed instead!!!!!

 

i so wish i'd found this site first instead of applying for people to sit on their butts instead! making me look like im just burying head in sand!

 

any help sooooooooooooooooo appreciated all xxxxxx:confused:

Link to post
Share on other sites

CCA 1st credit ASAP and head the letter in bold with 'I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY' enclosing a £1 postal order which is the statutory fee stating that this is payment for the CCA request and NOT to be used in payment against any alledged oustanding amount. Send recorded delivery or special delivery if you can afford it. Also ask for a full statement of your account which they have to supply free of charge.

 

The timescales for a CCA request are 12 + 2 working days, after which they default if they don't supply a true copy of your properly executed consumer credit agreement. At this time the account will be in dispute and they cannot ask you for any further payments. Then after a further calender month they commit a summary criminal offence if they do not supply your CCA. If this happens they cannot resume any debt collection activities unless they go to court with a proper CCA and get it re-instated.

 

Good luck,

 

BB

  • Haha 1
Link to post
Share on other sites

thanks so much babybear!! a great help !!

 

looks like get on with it all myself eh!! this letter on about making me sell the house and everything!!!

 

and them lot well.................................

 

going for bank charges, reckon might give the credit cards a blast too!!!!

 

really appreciate ur help x:)

Link to post
Share on other sites

Hi there

I am having the same problem with 1st credit i have C.C.A,d them twice now and after being lied to on the telephone regarding none reciept of my letter regarding this matter.to which they responded to at my new address was laughable and they had also cashed the £5 cheque i had sent requesting the info.I am now writing another letter to request this info and am sticking to the 21 day deadline in my second letter to them.they have mentioned bankruptcy order they are applying to the court for but i dont think they can if they dont have legal ownership of the debt.

jackarl

  • Haha 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...